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Full-Text Articles in Law
Blind Dates: When Should The Statute Of Limitations Begin To Run On A Method-Of-Execution Challenge?, Ty Alper
Blind Dates: When Should The Statute Of Limitations Begin To Run On A Method-Of-Execution Challenge?, Ty Alper
Duke Law Journal
This Article is the first to take a comprehensive look at the issue of statute-of-limitations accrual in method-of-execution cases. In other words, when does the clock start ticking on a death row inmate's right to challenge the way in which the state intends to execute him? Most circuit courts have held that method-of-execution challenges accrue at the completion of the direct appeal process. This means that death row inmates in these jurisdictions must file method-of-execution challenges years, and sometimes even decades, before an actual execution is scheduled. Although this approach has been the subject of much criticism, even the dissenting …
The Last Bankrupt Hanged: Balancing Incentives In The Development Of Bankruptcy Law, Emily Kadens
The Last Bankrupt Hanged: Balancing Incentives In The Development Of Bankruptcy Law, Emily Kadens
Duke Law Journal
This Article frames the history of the Anglo-American bankruptcy tradition as a search for solutions to the basic problem that has from the first underlain the bankruptcy process: how to obtain the assistance of a debtor in his financial dismantling. The pivotal moment in this story came in the years 1705 and 1706, when the English Parliament drafted a bill making the bankrupt's refusal to cooperate with the commissioners running his bankruptcy a capital crime. Almost as an afterthought, they also introduced discharge of debt. Incentivizing cooperation with discharge would have a fruitful future. Coercing the debtor to be honest, …
Deciding Death, Corinna Barrett Lain
Deciding Death, Corinna Barrett Lain
Duke Law Journal
When the Supreme Court is deciding death, how much does law matter? Scholars long have lamented the majoritarian nature of the Court's Eighth Amendment '' evolving standards of decency '' doctrine, but their criticism misses the mark. Majoritarian doctrine does not drive the Court's decisions in this area; majoritarian forces elsewhere do. To make my point, I first examine three sets of '' evolving standards '' death penalty decisions in which the Court implicitly or explicitly reversed itself, attacking the legal justification for the Court's change of position and offering an extralegal explanation for why those cases came out the …
Acculturation And The Development Of Death Penalty Doctrine In The United States, Krista L. Patterson
Acculturation And The Development Of Death Penalty Doctrine In The United States, Krista L. Patterson
Duke Law Journal
No abstract provided.
The Juvenile Death Penalty And International Law, Curtis A. Bradley
The Juvenile Death Penalty And International Law, Curtis A. Bradley
Duke Law Journal
The United States is almost alone among nations in permitting the execution of juvenile offenders. Citing this fact, along with a variety of legal and historical materials, litigants and scholars are increasingly claiming that the United States' use of the juvenile death penalty violates international law. This Article examines the validity of this claim, from the perspective of both the international legal system and the U. S. legal system. Based on a detailed examination of the United States' interaction with treaty regimes and international institutions since the late 1940s, the Article concludes that the international law arguments against the juvenile …
Arbitrariness And The Death Penalty In An International Context, Mary K. Newcomer
Arbitrariness And The Death Penalty In An International Context, Mary K. Newcomer
Duke Law Journal
No abstract provided.
Retroactivity, Habeas Corpus, And The Death Penalty: An Unholy Alliance, Karl N. Metzner
Retroactivity, Habeas Corpus, And The Death Penalty: An Unholy Alliance, Karl N. Metzner
Duke Law Journal
No abstract provided.